afternoon. noon pacific time. 3:00 eastern and back here for "the fox report" tomorrow night. mr. bill is coming up. and here he is. >> bill: the o'reilly factor is on. tonight: >> governor romney has been using all his talents as a salesman to dress up these very same policies that failed our country so badly. >> i know there are some people who believe we should just stay on the current course we are on. i don't believe status quo is the right course for america. i believe that america finally needs real change. >> bill: brand news fox news poll the presidential race in a dead heat. but with some interesting trends. laura ingraham and i will analyze. >> the civil rights establishment has embraced the lie and betrayed the black community and god almighty. >> bill: a black bishop in virginia condemning the democratic party for being anti-god. we will hear both sides of this explosive issues. >> planned parenthood has been far more lethal to black lives than the kkk ever was.

>> bill: mike huckabee on christian voting and megyn kelly on early voting. who has the advantage so far? caution, you are about to enter the no spin zone. the factor begins right now. hi, i'm bill o'reilly. thanks for watches us tonight. new fox news poll on presidential election talking points memo. fox news channel has the race tied at 46% among likely independent voters romney defeats obama 46% to 439%. the president hats improved 5 points since october. here is something interesting among extremely interested

voters 53% to 42%. now on the question of favorability. just about tied. president obama 52%. governor romney 51%. poet have 56% unfavorable rating. fox news also asked the folks if the obama administration has tried to mislead americans about the attacks on libya. 44% say yes. 47% say no. full-timably president obama's hand links of libya. 47% approve. 47% disprove. much of the mainstream libya has covered the president over libya and the issue has not gained big time traction. fox news correspondent catherine herridge reports she reviewed a cable sent why by the u.s. mission to the secretary of state hillary clinton on august 16th. it went to mrs. clinton's office. it stated americans in

benghazi did not believe the consulate could be defended against a coordinated attack. of course on 9/11 there were coordinated terrorist attacks that killed ambassador christopher stevens and three other americans. it is clear the obama administration was warned and did nothing. that's a pretty big story and the press has ignored it saying over and over again his administration is investigating. here is a flash. the fox news investigative team has uncovered far more about libya than the obama administration has. which is kind of interesting, don't you think? there are just four days until we vote. libya will not be, will not be a major issue. the president will be able to ride it out. and he can thank his friends in the media for that. and that's the memo. now for the top story tonight, reaction to the fox news poll and to the libyan situation joining us in washington radio talk show star and fox news analyst laura ingraham. take the polling first. what's the headline for you,

laura. >> in my lifetime i have never seen a presidential race this close for this long according to this many polls. the fox news poll really does mirror what a lot of polls are saying with a few exceptions that in battleground states, nationally, now among farvelgt rating, these two men are in a dead heat. now, what i thought was interesting, bill, is that among likely voters, and you look at men, women, and under 30, obama seems to have lost ground in the fox news poll compared to the exit polls from the 2008 election. you are also seeing in an erosion among independent voters. fox news poll shows that the president no polling as well as did he in 2008. other polls show a much greater advantage for mitt romney among independents, as high as 19%. >> bill: yeah. >> among independence. how this plays out we will see. in the end we have wanier and probably have a few winners

among pollsters because there are different techniques and different strategies that pollsters have used and we will see who was more accurate. >> bill: all right, now, we have four days left. and there is a weekend news cycle. and i'm going to tell the folks something that's going to happen because, you know, i'm clay viewpoint as you know. >> o -- clair viewpoint as you clair viewpoint as you know. the cbs radio went all over the country. cbs radio is a powerful agent. they were ecstatic about the economy coming back. >> happy days are here again. >> consumer confidence suspect. anticipating better unemployment number tomorrow. if that happens, and i believe it will, then the obama team dominates the news cycle for friday, saturday, and sunday. and the romney team doesn't really have any way to reply.

they can't poo poo it because that would seem chir issue will. >> we knew this though, right? o. >> we will see what the numbers are. i really don't think it's going to make any difference in the final four days of this election. >> bill: you don't believe that's what the press is going to do. >> the press as you and i have talked about, the press has been, i think, at its lowest point in the credibility and reliability in this presidential election cycle. i think after this election is over, there is going to be hell to pay for the american people for a whole bunch of reasons. >> bill: there is going to be polling -- >> -- i don't think it matters. there are a whole bunch of people in this country after this election is over, they didn't think the press had much credibility before this election cycle, after the election cycle, no matter who wins, i think the influence of the u.s. press is going to be a lot less than it was just one election cycle ago romney is going to be pit lie this news over the weekend.

doesn't matter about 3% undecided. >> bill: about 4% of american voters who, for whatever reason, uninformed, addicted to substance. >> busy. >> bill: i don't know. >> very busy. >> bill: they are going to hear, this all right, for three days and it's going to be on cbs news, abc news, it's going to be bomb, -- boom, boom, boom. economy getting better, economy getting better. romney camp has got to figure out a way to blunt that somehow. >> i think paul ryan and mitt romney have done a very good job talking about what a real recovery looks like. what a recovery in the early 1980s began to look like when you are creating hundreds of thousands of jobs. not 150,000 jobs. or 100,000 jobs. i think people know what a recovery feels like around their own kitchen tables. that's why that ad that ran with the family just sitting in silence at dinner was so powerful during this election cycle because it was the anxiety that so many people

feel, bill, regardless of politics. they know how their own family feels. >> bill: that's why governor romney is running strong in so many places. it's all about the economy. you don't disagree with me that libya is going to matter? no matter what comes out? >> well, i think it its actually played out already as far as the way the people think. i don't think we will learn anything else. the drip, drip, drip has been pretty interesting in the last few days. again, the press totally falling down. >> i think catherine herridge -- >> -- yeah, catherine, of course. >> bill: you know, look, there is no doubt that the people in libya were asking the state department for more help. and there is no doubt they didn't get it. it's as simple as that. >> it was misjudgment after bungling after error. catherine herridge has reported, this of course, david ignatius has the white house time line on the "the washington post" right now. the cia time line, excuse me. what happened point by point throughout the 7 or 8 hours that this thing went on. it's amazing to watch this.

and to read this play out. he said there is no conspiracy. but there are clear misjudgments in major areas. i think people factor that in. >> protect their guys. >> yeah we have dead americans as a result. >> bill: laura ingraham, everybody, we would like to you vote in our new bill o'reilly.com poll. we asking do you believe the factor has been fair covering the presidential campaign? yes or no? by the way, bill o'reilly.com premium members can participate in the presidential town hall meeting next monday right before the vote 6:00 p.m. eastern time. check it out. next on the run down the most controversial story of the evening african-american bishop says that black christian voters have a moral obligation not to cast their ballots for democrats. that obviously includes the president. that report moments away. i'm doing my own sleep study. advil pm® or tylenol pm. the advil pm® guy is spending less time lying awake

with annoying aches and pains and more time asleep. advil pm®. the difference is a better night's sleep. at legalzoom, we've created a better place to turn for your legal matters. maybe you want to incorporate a business you'd like to start. or protect your family with a will or living trust. legalzoom makes it easy withtep-by-step help when completing your personalized document -- or you can even access an attorney to guide you along. with an "a" rating from the better business bureau legalzoom helps you get personalized and affordable legal protection. in most states, a legal plan attorney is available with every personalized document to answer any questions. get started at legalzoom.com today. and now you're protected.

are we there yet? are we there yet? [ male announcer ] it's the question we ask ourselves every day. is it the safest, the most efficient?

the kind of vehicle to move not just people... but an industry forward? are we there yet? are we really? [ male announcer ] are we there yet? we are, for now. introducing the all-new seven passenger gl. motor trend's 2013 sport utility of the year. mercedes-benz. the best or nothing. gives you a 50% annual bonus. and everyone, but her... likes 50% more cash. but, i have an idea. do you want a princess dress? yes how about some cupcakes? yes lollipop? yes! do you want an etch a sketch? yes! do you want 50% more cash? no you got talent. [ male announcer ] the capital one cash rewards card. with a 50% annual cash bonus it's the card for people who like more cash. what's in your wallet? i usually say that.

>> the impact segment tonight polls probably support president obama by more than 90%. perhaps 95% this year. one african-american bishop in virginia says voting democrat is a terrible mistake if you are a black american. >> my name is bishop e.w. jackson, chairman of ministers taking a stand against w. a message to christians in the black community. it is time to end the slavish devotion to the democrat party. the democrat party has created an unholy alliance between certain so-called civil rights leaders and planned parenthood. which has killed unborn black babies by the tens of millions. planned parenthood has been far more lethal to black lives than the kkk ever was. and the democrat party and their black civil rights allies are partners in this genocide. they say opposition to same sex marriage is the same as opposition to interracial marriage. that is an insult to human

intelligence. it is a lie. no christian should support this. yet, the democrat party has now declared same sex marriage an official part of its platform. and black christians remain in that party? the civil rights establishment has embraced the lie and betrayed the black community and god almighty. for 30 pieces of silver from the democrat party. we as christians ought to know better. shame on us for allowing ourselves to be sold to the highest bidder. we to god. >> bill: with us now to react is senior pastor at the first corinth baptist church and reverend degraph fox news contributor. your reaction tore that? >> i'm reverend degraph. >> my reaction is he mentions 30 pieces of silver. i wonder who paid for that. i wonder who this organization, this stand up for america really is because if you are a republic, he needs to just say that and if you say you condemn one party

and then what is your constructive response to that. >> bill: let's deal with the bishop's specific criticisms. obviously he is against abortion. look, whether you are pro-life or pro-choice, you have to know the democratic party has embraced planned parenthood and they are all in as they say on the abortion rights platform. so does the bishop have a legitimate point there, rerchted degraff? >> i think not. i think first of all i think rican-americans are intelligent enough to make the decision 95% of our community has made the decision and they discern amongst the parts of public policy that the democratic party has. no one agrees agrees with all oe points in either party. those people like myself who feel differently about abortion, don't reject the democratic party for one plank in its platform. >> bill: it's a big plank it? >> is a plank. >> reverend waller. bishop also objects to same

sex marriage but even more so he he objects to equating that with interracial marriage. >> yeah. >> bill: he says there just aren't any similarities because one is a skin color and the other is a lifestyle. and you say? >> well, i say it is very difficult when you find yourself trying to compare whose oppression is better. whose oppression is worse. and i think and there are those who seek to make the comparison between the african-american struggle and those in the gay struggle and gay activist. >> bill: is that a legitimate comparison? >> i don't think -- there are those that believe it's legitimate but i think when you get to a place where you begin to compare oppression it is also destructive because now you have persons who have systemically harmed and injured in this country trying to get in the position where we see who has been hurt worse or. >> bill: you kind of agree with the bishop on this one. >> no i do not agree with the bishop on this one. his stance which is quite

venomous is that those who make the comparison are completely out of line. i wouldn't go as far as the bishop is saying. i'm saying when you finally begin yourself to compare oppression there is a problem. i think there is another argument to that. not just with regard to interracial marriage or comparing it it i think the issue is dealing with what is at the core of the construct which is the notion of same sex marriage is comparable to african-american struggle. >> bill: you don't believe it. >> i wouldn't compare it to any struggle. i think everyone's oppression is unique. >> bill: you can't say that the party platform has embraced that but certainly they have embraced gay marriage. >> yes. >> bill: it's clear that bishop jackson believes that the democratic party is going against christian principles. >> yeah. >> bill: that's right. you both are christian pastors. >> um-huh. >> bill: and you don't think the democratic party is? >> no. >> bill: on any level? >> i don't think. here is the thing. i don't think when we begin to talk about politics and how we

choose elected official to be president or any other elected official. i don't know if historically in this country there has ever been a time where we just simply use as a litmus test one's religious launching pad so to speak to determine whether or not that person is effective. >> bill: some do and some don't. >> the other part of this is this is not a choice between the democratic party and perfection. this is a choice between the democratic party and the republic party who no one saring is offering reasonable choices for african-americans. which is why it is rejected. >> bill: i might argue that. >> you are not in the african-american community. i would say 95% of african-americans. >> bill: you are saying the lesser of two evils here is the democratic party vis-a-vis african-american. >> the democratic party has done enough to. >> bill: my argument would be and it would be for the sake of argument that a vibrant economy, that an economy based on capitalism and free flow into the consumer's pocket to make the economy move would

benefit african-americans, probably more than anyone else. that's what my argument would be. >> if it occurred equally. i mean, that opportunity. >> bill: you create jobs. >> it just has never happened. that's why unemployment rate is always higher. education rate is higher. income gap is higher because these great theories, they are great american theories. we share those values but they don't happen in real life. >> bill: all right. so you say that the bishop overdid it? >> i think the bishop clearly is biased because of the bishop was offering an alternative then i could say there is legitimacy. >> bill: i bet you he could. he is basically saying in this speech don't blindly follow this party if you are a christian because it is taking some unchristian distances. >> he is basically saying that he supports the republicans. that's what he says. >> bill: for moral reasons. >> whatever his reason. >> which party stands and

upholds the banner of jesus christ more. i mean, is it the republic party or democrat? i don't think any party upholds that. >> bill: i'm a catholic and it would be hard for me to see jesus christ walking into a planned parenthood clinic. >> okay. >> bill: other than to try to convert them and to say -- >> -- i think it would also be difficult. >> i think it it would also be difficult for jesus to walk through communities that have been ravaged by poverty where policy that has been inflicted in the past upon poor people in this country. >> bill: that's why christians are bound to help those people. very very good discussion, guys. appreciate it very much. nice to see you both. how the government should handle disasters like hurricane sandy which stossel says may upset you. earlying in -- early voting in the presidential election. ♪

♪ ♪ we're lucky, it's not every day you find a companion as loyal as a subaru. love. it's what makes a subaru, a subaru. ♪ atmix of energies.ve the world needs a broader that's why we're supplying natural gas to

generate cleaner electricity... that has around 50% fewer co2 emissions than coal. and it's also why, with our partner in brazil, shell is producing ethanol - a biofuel made from renewable sugarcane. >>a minute, mom! let's broaden the world's energy mix. let's go.

>> bill: stossel matter segment tonight estimated damage caused between 30 and $50 billion. much of that will be picked up by the taxpayer. our pal john stossel says that is not good. he joins us now. so about 20 years ago, you know a little beach house, lavish beach house out on long island got swept away by a hurricane, right? >> right. gone. totally gone. i think we have pictures of that. do we have pictures of that we can put up there. stossel's house floats out to the sea. 20 years later that same area got hit hard and you say, what? >> i say the government should stop ensuring areas like that and people like me stupid enough to build on the edge of oceans. >> bill: you say that's not stossel's house. i thought we had picture but i made a mistake. you say if you buy a water front property that money, what if anybody wants to

insurance you. what is that? >> take your own risk. the private insurance market is saying in a risky place. don't build there. >> all right. so you say nobody can live near the water then? >> anybody can live near the water. >> you can't get insurance. >> well, then take a risk with your own money. but don't ask the taxpayer to cover you. >> how much did the taxpayer cover you when your house got swept away? >> it was about $250,000. and at the time that covered the whole cost of the house. >> so fema, was it fema money. >> it was fema money. i said to my. >> did you cash the check? >> yeah. >> do you feel bad about that. >> sure. i won't do it again. >> should do you 250 back to the government? >> i give more than that to charity. i'm not going to give it to the government it will waste it. >> that's true. that's my beef, too. so, you say that if you are in any kind of, like malibu, california, maybe you are up on the hill but that's a fire zone. so, if you are in any kind of zone, that may be risky, the government should say hey, you are on your own and if you can

find an insurer who is going to do that for exorbitant price if you can't that's tough. >> exactly. private insurer are experts in figuring out what's a risk. that's information that the government obliterates by saying we don't want anyone to lose. we will cover you. >> bill: they cover you at a high rate. they are not giving you bonus on this. if you have to buy insurance beachfront government. >> you are not paying the real cost. otherwise, the flood insurance plan wouldn't be billions in the red. >> you are paying more than you would to a private company if you have to buy fema insurance, government insurance. i had to do it a couple of times and i know. so now you have a lot of rebuilding. president obama is out there with chris christie, and they are best friends now. and they are sharing ice cream cones. and but the government has an obligation, i think to rebuild new orleans and katrina and to rebuild new jersey, do they not? >> they do not. they have an obligation to get out of the way so you can rebuild if you want and provide roads and infrastructure. >> who is going to do that

though? >> free people who choose to do that. >> bill: so a storm or earthquake or tornado rips apart a town and you say the government shouldn't help out at all? >> the government should keep the peace, make sure there is no looting. >> no rebuilding money at all? >>. no. >> who is going to do that? >> free private individuals who have the money, who bought private insurance. who want to take the risk. >> you know, there is a lot of different circumstances of people who rent, people who do. this you say no relief at all? >> no relief at all. charities do it better. fema is incompetent. fema -- >> bill: new orleans might not exist today under your -- it might not be there. >> so be it. >> john stossel, everybody. you can write him. hard guy. plenty more as the factor moves along this evening. bunch of entries make last ditch pro-obama ad centering on parenthood. early presidential voting and

big mistake that i your humble correspondent made last week. kelly wants us to point it out. we hope you stay tuned to those reports. people have doubts about taking aspirin for pain. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. visit fastreliefchallenge.com today for a special trial offer. vihahahaha! hooohooo, hahaha! this is awesome! folks who save hundreds of dollars switching to geico sure are happy. i'd say happier than a slinky on an escalator. get happy. get geico. melons!!! oh yeah!! well that was uncalled for. folks who save hundreds of dollars switching to geico sure are happy.

how happy, ronny? happier than gallagher at a farmers' market. get happy. get geico. [ birds chirping ] are you sure you can fit in there? [ chuckles ] ♪ ♪ [ male announcer ] around view monitor with bird's-eye view. nice work. [ male announcer ] introducing the all-new nissan pathfinder. it's our most innovative pathfinder ever. nissan. innovation that cites. ♪

nissan. innovation that cites. seems they haven't been moving much lately. but things are starting to turn around because of business people like you. and regions is here to help. with the experience and service to keep things rolling. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going. together. >> bill: culture warrior segment tonight,s you a may know planned parenthood is tied into president obama earlier this week their action fund put out this ad. >> women are not an interest group. they are mothers and daughters and sisters and wives.

perfectly capable of making their own choices about their health. >> generation after generation. >> we have built a better world for our daughters. >> we found our voice and voice has grown powerful. >> we know when we speak the world must listen. >> the world must listen. >> yes. >> yes. >> yes, we plan. >> when we come together, we build healthier families. >> and stronger communities. >> we build a better america. >> we build a better america. >> yes, we plan. >> every decision we make leads to new and better communities. >> for ourselves and for our daughters and sons. >> we choose today the world we will wake up in tomorrow. >> bill: all right, here now to react the culture warriors jeanine pirro and gretchen carlson. they are putting a pretty happy face on intense subject and you say. >> i said i fell asleep during that ad. that thing goes on and on and on for two minutes and 30 seconds online and has no impact whatsoever. >> bill: wait. as a woman watching that ad,

what did you take away from it? what was the point of that ad other than barack obama is a great guy? was there another point there? >> that they are talking out of sync with the president and it's distracting. >> here is the point that we talk about on this show. women do not vote on a single issue. how many times do we have to say that. >> bill: there is a perception who is looking out for them. >> who is looking out for the economy? >> bill: you didn't take away anything out of it. did you take away something out of that ad. >> i kept waiting for the point. they make you feel like it's 1850 you have no rights we should be grateful we even have a right to vote. if romney gets elect weed are bare foot pregnant back in the kitchen and we can't vote again. >> bill: is that true? >> romney has made it very clear that he has no intention of discussing roe v. wade if he happens to be elected president. >> bill: you took abortion out of there. >> absolutely. >> even though they talk abouten plag. if you are planning then you don't need abortion. >> bill: isn't it interesting that they didn't mention

abortion in the end. what they did mention we are looking out for our sons and daughters. >> yes. >> bill: i'm going well, there are fewer of them because of planned parenthood. i'm not zealot i'm trying to figure out the position of this ad i think is to say that president obama looks out for women and the other guy doesn't. >> yes. >> typically in the polls he has faired better when you are asked that question. however, i'm going to go back to my central point which is is women do not vote on a single issue. women, for the most part. run the pocketbook in the family. they buy the cars. they go to the grocery store. they work. and, by the way, most women, a lot of women have lost more jobs than men in the last four years. so if you think that they're voting only on the reproductive rights that's not true. >> this is a waste of time in your opinion. >> i just think it's a distraction. >> it depends. this is going to turn out to be the smartest move on the part of the democrats or the dumbest, depending on whether obama wins. they have staked this election on the issue of women and making women believe that there is a war on them.

and if you don't vote for obama, you are in bad shape. it's like a push poll. they don't want your opinion, they want to tell you and shape what your opinion should be. then they do a poll and say women only care about abortion. if you cared about yourself and your daughter you would vote for obama. >> bill: never use the word abortion. it's always reproductive right. >> health. >> bill: it's yowrs health. the way they position is that the republic party doesn't pim pa theisman with the ladies and mr. obama does. i have to say, that i disagree with you. i think it's working because if you look at the economy, that's a romney strength. that's a romney strength. >> romney is doing better with women in the last three weeks than he ever did before. >> he is still behind in single women. >> he is. according to this swing state poll, the number one issue amongst 12 of these states is 39% of the women said abortion. i'm not saying that it's not going to be effective. i'm saying that women do not

only vote based on abortion. >> part of the problem is that you have got murdock out there and aiken. and so then the democrats get to say. >> bill: two senatorial candidates who have made mistakes in the way they have positioned themselves on that issue. but i don't think anybody knows who they are. and is not linking that into romney. all right, ladies, as always. thank you. we appreciate it we come right back, ms. megyn kelly on early voting. the former president of penn state being indicted today. and kelly wants to scold me. she lives for this. megyn is next. [ male announcer ] you are a business pro. governor of getting it done. you know how to dance... with a deadline. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. this is awesome.

yes, it is. go national. go like a pro. out for drinks, eats. i have very well fitting dentures. i like to eat a lot of fruits. love them all. the seal i get with the super poligrip free keeps the seeds from getting up underneath. even well-fitting dentures let in food particles. super poligrip is zinc free. with just a few dabs, it's clinically proven to seal out more food particles so you're more comfortable and confident while you eat. a lot of things going on in my life and the last thing i want to be thinking about is my dentures. [ charlie ] try zinc free super poligrip.

introducing the new droid razr maxx hd by motorola. now more than ever droid does. this is our year. i thought it was last year... turns out i was wrong. none of us would walk in here and settle. that's how we are! i forgot what i was going to say. patrick, i want 100% commitment! because i care man, ok? who are we!? 49ers! 49ers! 49ers! yeah! [ all cheering ] what the heck is going on in here? sorry coach, i just got a little carried away. alright, i think we're good. [ morgan ] for a chance to be in a locker room

on game day and more... join visa nfl fan offers and make your season epic.

>> bill: thanks for staying with us. in the kelly file segment tonight. 34 states plus d.c. you can vote in person prior to elections day. in colorado almost 1.5 million votes been cast. florida 2.5 million. how is it all going. here to break it all down for us is miss megyn kelly. okay. do we have any data here. >> is this the part where i get to yell at you. >> bill: later. calm down. [ laughter ] let's get to the vote. do we have any indications what is going on? >> we do. gallup and pew both tell us about 19 million people have voted already in this country they say romney has 7 point

edge on national basis according to gallup and pew interesting swing. obama led mccain this time four years ago by 15 points according to gallup or by 19 points according to pew. so it's been a 22 or 26 point swing in the republic's favor. >> they get this from exit polling. how do they get the data. >> try to read by party registration. x number of democrats. >> bill: they have to have that on the ballot. >> on a lot of the states not all of them. >> bill: their projection is that romney is winning by how much. >> 7%. that's on a national basis. and then when you drill down on specific wing states it differs, some polling of actual vote in nevada and iowa that shows president obama is doing better than mitt romney in those states and those are the states that going to decide the election. >> i think that's because and this is karl rove speaking now not me more democrats ordered voted early than republicans.

bret baier will be anchor next tuesday. >> november 6th. >> bill: give you a jump on it for everybody. 19 million. romney ahead by 7% in new york. some of the key swing states the president in the lead. >> right. >> bill: former penn state president graham spanier. >> spanier. >> bill: he is a weasel, right? >> certainly seems so. >> bill: looks that way. he had indications that sandusky was molesting children on the campus of penn state. >> um-huh. >> bill: he did nothing. and now he is charged with? >> perjury, endangering will the welfare of children. conspiracy. failure to report child abuse. this guy spanier in position of power, obviously the president of the university. his story was some dust up with sandusky but i was never told that it was anything regarding a sexual nature. anything of a sexual nature with respect to children. well now according to the attorney general, not only was he told emails exchanged

between spanier and other guys. >> commonwealth has that. >> they weren't turned over. they did not -- it wasn't until spanier got fired that the attorney general got their hands on. inside this box which they say one of the guys sent off campus told the secretary not to produce to anybody inside that box all this email correspondence not only did they know sandusky was allegedly molesting kids. outside cancel and talked to him about child abuse and reporting obligations and so oned in the face of that spanier saying i never talked about anything. >> it's entirely possible one of the highest academic positions in the united states could be in this cell next to sandusky in the state prison? 39 years in prison. having said all of that it's uphill battle when it comes to

the burden of proof if they have all of that correspondence and emails and everything else. there you go. >> we will see. right now we have the attorney general's representations. we will see what the proof is. but it doesn't look good for spanier today. >> bill: all right. now, you are the judge. he is guilty. you give him, what? >> not 39 years. >> bill: i wouldn't either. >> but some prison time. some prison time. >> bill: 10? >> i don't know. >> bill: do you think that's too harsh for this guy? >> i don't know. maybe 5 to 10. >> bill: i would give him 10. >> if he would have done what he was supposed to do. it could have been stopped. >> bill: i think you give him 10. ms. megyn has a beef with me as usual. we all know this. she is on at 1:00 in the afternoon. i'm on at 8:00. that might have something to do with it. >> envy. >> bill: what did i do last week that caught your attention? >> first you said that i was going to be anchoreth on election night. >> anchorette. >> i was giving you hard time back not saying that it reminded me of another point. you when you had your

interview with culture warriors. jeanine pirro was making completely valid point about libya. expressing herself appropriately you said calm down. as you proved at the beginning of the segment you have a pension for that term. >> it's a unisex term. i tell beckham to calm down. >> it's patronizing. >> bill: it's patronizing. >> special connotation when a man says that to it a woman on top of that. >> bill: that's what i want to get to. i never heard any beef from you or judge janine when i said this to dick morris and i tell him to calm down all the time. i never heard a word. >> there is a certain connotation when a man says it to woman the implication is you are in hysterical. you are a woman. your emotions. >> bill: he is always hysterical. >> history of men trying to tell you you need to check your emotions. the guy who is tough at work he is tough and a leader. the woman who is tough at work she is a b word. it sort of plays. that's point one.

>> bill: i do want to be politically correct. you know me. i can say it to morris and all these other guys calm down. >> you shouldn't say to anybody. that leads me to point 2. >> point 2. yes. >> which is it is totally ineffective it has exactly the opposite effect. >> bill: calm down. >> she said i have a very valid point. upset how libya something handled. i am calm. i'm perfectly calm. >> bill: she brought it down three notches when i said that. >> who are you to tell her to check her emotions. >> bill: i'm the anchor of the program. i'm in charge of this program. >> have people on here and get them stirred up and tell them to calm down. >> bill: i get them stirred up voice of region. >> don't even say it. >> bill: megyn kelly check her out at 1:00 in the afternoon. did you see that on deck. colin powell endorsing the president. and hike huckabee telling them not to vote for thrae president. moments away. rmwith patented hes

that penetrate deep to relax, soothe, and unlock tight muscles. for up to 16 hours of relief, try thermacare. marie callender's turkey breast with stuffing is a great reason to slow down. creamy mash potatoes, homestyle gravy and 320 calories. marie callender's. it's time to savor. or trail... polaris has what you want. legendary atvs led by the powerful sportsman 850 ho. value-minded side-by-sides featuring the new ranger 800 midsize. and full-size workhorses including the all-new, class-leading, 60-horsepower, ranger xp 900. polaris. hardest working, smoothest riding. get huge rebates on 2012's and low financing on all models during the polaris holiday sales event.

>> back of the book segment tonight. did you see that two political ads that we thought you might like to z the first features fox news analyst mike huckabee doing narration. >> in generations past the church has always been able to count on the faithful to stand up and protect sacred rights and beauty. this generation of christians must do the same. many issues are at stake. but some issues are not negotiable. the right to life from conception to natural death. marriage should be reinforced, not be defined. it is an egregious violation of our cherished principle of religious liberty for the government to force the church to buy the kind of insurance

that leads to the innocent taking of human life. this is hike huckabee asking you to join knee november the 6th and ask you to vote based on values that will withstand the test of fire. >> bill: arthel neville in for juliet huddy tonight. this is a theme we saw earlier in the program that american voters should take into account their moral conscious when making decision on tuesday. >> this is why it's controversial. called test a fire. some interpreting intimating if you vote for president obama you goal to hell. you saw lots of fire. the flames of hell. it looks like the flames of hell. well, i spoke to governor romney -- governor huckabee three hours ago. he says he is laughing at this misinterpretation. convulsively. >> bill: we should tell everybody that the governor is ordained minister. he doesn't make big deal out of it he comes it from that point of view. with that aside, the fire

aside, is the governor hitting a chord with americans who are faith-based? >> clearly, this is appealing to christians and the idea that if you vote for governor romney, that you will will uphold standards such as traditional marriage, right to life. >> bill: because the other side, the democrats are appearing to secularists, that's who they appeal to with their planned patient hood stuff that we ran in the culture warrior segment. we have another ad now a pro-obama ad. go. >> will you endorse president obama? >> yes. when he took over, we were in one of the worst recessions we had seen in recent times, close to a depression. and i saw over the next several years stabilization come back in the financial community, housing is starting to pick up, the president saved the auto industry and the actions he has taken with respect to protecting us from terrorism have been very very solid. and so i think we ought to keep on the track that we are on. >> i'm barack obama and i approve this message. >> bill: general powell is a republic, registered

republican although can't be happy with him. >> this is why this is a big deal because is he a big name republic. not to mention, of course, the general has a military fed degree that is impressive. you have this democratic president. >> bill: he voted for president obama in 2008. >> that i think was a little more shocking to people when that endorsement happened the first time than now. it reverb rates because it's going to run for the next five days in key swing states. >> bill: virginia. >> ohio, florida. >> bill: general powell has been in his books, quite candid about him using a affirmative action to succeed. all right? and barack obama did use affirmative action to, you know, be educated in something like that. do you think that there is any racial business here? >> no. >> bill: i'm not saying that in the pejorative. in the negative. >> no. >> bill: the general and the president came up the same way? >>. no because that means that if mike huckabee supports you, is there racism?

absolutely not. >> i didn't say racism. i said racial connection because identifiable. >> i understand what you are trying to say there, bill. i think it's disrespectful. it's disrespectful to general powell. it's disrespectful to the president. you cannot take especially colin powell you can't take such a pedigree and dilute to to pigmentation. >> bill: you don't think shared experience enters into general powell's endorsement. >> you are telling me if president obama had not done a good job that colin powell, general powell would have supported president obama regardless? absolutely not true. >> bill: no, i'm saying he might be cutting him more slack. >> i disagree with you. you can try to paint it any way you want to but i disagree with you. >> bill: just provocative question which is what i do here. >> i still like you but i'm just saying don't come do me with that kind of stuff. you know better. >> bill: arthel neville, everyone. factor tip of the day. it will make your existence easier. the tip 60 seconds away.

>> factor tip of day will help you, that's in just a moment. "killing kennedy" is it is number 1 non-fiction book in the best sellers list. and "killing lincoln" is number 3. if you become a premium member, we will send you in one of the books free and you get monday's presidential town hall. obviously, books make great gifts for christmas. now the mail... >> what i said that was the obama campaign had nothing to do with the move-on ad. if you have evidence to the contrary, please pass it along. but they be insane to have manage to do with it.

>> then why did it nominate a moderate guy like mitt romney, when there were far near conferrative candidates? >> well, thank you. >> congrats on your vote. >> that's serious, william. try not to get over it.

>> don't think so. i am in there with you. >> you know what? i wish you had written to me before hurricane sandy because that's what got me on a generator -- i didn't check t. you are absolutely right. have you to check your stuff, especially when they are telling you there is a giant storm or a big monster coming at you. check the bazooka to make sure it works. so when the monster comes, you can fire it up. as you may know, i live on long island. my town got whacked by hurricane sandy. there are a million things that have to be done in the wake of such a devastating natural disaster. the problem is that i do not have a centralized notebook full of names and phone numbers for people who could help me. many of us have that on a computer, but we don't have rirnt net service on the island.

get a notebook. keep a pithy notebook like this one. get a notebook. you jot down all the people that you know who can fix anything. their name, their cell phone number, their email address. anything! all right. then you put down the deli guy and the doctor and the cops and the -- and all of that. everything in one little book. you call it the disaster book. and there it is. so when this happens, you have all those numbers. factor tip of the day. i wish hitaken my own advice. check out the fox news factor web site, different from bill o'reilly dot-com. if you would like to spout off about the factor, name approximate town if you wish to opine. word of the day, do not be craven when writing to the factor. good halloween word. thanks for watching us. please, always remember that the spin stops right here because we